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(영문) 서울중앙지방법원 2016.11.29 2016고단3159
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud;

A. A. Around July 3, 2015, the Defendant had started to teach the Defendant from the early police officer on June 2015, 2015, saying, “In-house parents are the president of the said company, the president of the said company, and the F cafeteria in Jeju, the Na.” Around July 3, 2015, the Defendant displayed re-fluence by means of showing the pictures of the bening car.

On July 3, 2015, the Defendant, using the fact that the victim was aware that he was very drifted by the Defendant at an infinite place, stated that “If the victim paid a fine of KRW 30 million to the illegal adult entertainment room as a matter of having access to the illegal adult entertainment room, he/she would pay the victim a fine of KRW 30 million.” If he/she borrowed this, he/she would have the parent thicknessed and repaid it within two to three days.

However, the facts are not the president or the president of the Defendant’s parents or external money, but the Defendant was in the above F cafeteria and operated only, and there was no particular property at that time, and there was no economic situation such as the Defendant’s burden of KRW 10 million on the part of G. Thus, even if he borrowed money, there was no intention or ability to complete payment.

Nevertheless, the Defendant, by deceiving the victim as above, received a total of KRW 30 million from the victim on the same day.

B. On July 27, 2015, the Defendant stated that “Around July 27, 2015, the Defendant would be able to lend the Defendant’s check card of the Jeju Bank after cancelling a term deposit, so that he/she can use the said deposit to the same victim at an infinite place. He/she would be able to repay the deposit immediately after the parent’s thickness.”

However, for the above reasons, the Defendant did not have any intent or ability to complete payment even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and takes possession of the Jeju bank's check card from the victim on the same day.

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